Ramani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64134 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Ramani Devi Wife Of Parmeshwar Mahato R/O Village - Sabeya Khurd, P.S.- Sirisiya O.P., Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 40 of 2022 registered under sections 302 and 34 of the Indian Penal Code.

Prosecution case in short is that, the son of the informant went out from his house for urination, in the meantime, all the accused persons including the petitioner called him in their house and murdered him by strangulation. After search, the dead body of his son found behind the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She

Patna High Court CR. MISC. No.64134 of 2022(2) dt.17-02-2023 2/3 has falsely been implicated in this present case due to village politics. It is further submitted that no any eyewitness of the alleged occurrence nor anyone else has seen the petitioner and co-accused persons calling the son of the informant into their house. The petitioner informed informant that his son was lying dead behind her house. There is no consistent material available against the petitioner, only on the basis of suspicion, her name has been transpired. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated co-accused person has already been granted anticipatory bail by this co-ordinate Bench of this Court vide order dated 26.07.2022 in Cr. Misc. No. 27717 of 2022. The petitioner is languishing in judicial custody since 22.07.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.64134 of 2022(2) dt.17-02-2023 3/3 bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 40 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran.

(Sunil Kumar Panwar, J) shubham/- U T